Summary: We will not investigate this complaint about parking controls because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains the Council introduced a parking permit scheme despite objections from residents. She wants the Council to end the scheme.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. I also considered our Assessment Code.

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My assessment

4. Councils can implement parking schemes by creating a Traffic Regulation Order (TRO). There is a statutory process councils must follow which includes a period of consultation.
5. The Council was considering creating a TRO for a parking permit scheme. It carried out a consultation and, due to the comments it received, decided to trial a scheme so it could assess the impact. For this reason, the Council created an Experimental Traffic Regulation Order (ETRO). This allows the Council to implement parking controls for a maximum period of 18 months and gives six months, from the start of the ETRO, for people to comment. The Council will then decide whether to end, amend or make the scheme permanent.
6. Mrs X objects to the ETRO. She says she should not have to pay for a permit scheme which is not needed or wanted. She complains the Council introduced it contrary to the outcome of the consultation.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council did not ignore the outcome of the consultation but, because of the comments it received, decided to suspend implementation of a permanent scheme pending the outcome of a trial through an ETRO. The six month period has not expired so Mrs X has the chance to object. The Council will then re-evaluate the scheme in the light of the comments received during the six month period. The law makes provision for councils to use ETROs and we do not have the power to remove it. I appreciate Mrs X objects to the scheme but she can make her views known through the statutory process; we cannot intervene in that process.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman